Bellamy v. State

District Court of Appeal of Florida

Bellamy v. State

834 So. 2d 897, 2002 Fla. App. LEXIS 18712, 2002 WL 31840858

CourtDistrict Court of Appeal of Florida

DecidedDecember 20, 2002

DocketNo. 5D02-3597

StatusPublished

Cited by1 cases

This text of 834 So. 2d 897 (Bellamy v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bellamy v. State, 834 So. 2d 897, 2002 Fla. App. LEXIS 18712, 2002 WL 31840858 (Fla. Ct. App. 2002).

Pincite

Opinion

SHARP, W., J.

Bellamy appeals from the denial of his post-conviction motion claiming ineffective assistance of counsel when he entered a guilty plea in his 1991 and 1996 criminal cases. The trial court treated the pleading as a Florida Rule of Criminal Procedure 3.850 motion and summarily denied it. We affirm.

The 3.850 motion from which this appeal is taken was untimely. Bellamy was sentenced in his 1991 case on January 26, 1993 and in his 1996 case on January 3, 1997. No appeals were taken. Thus, the motion was untimely because it was filed more than two years after the judgments and sentences in the two cases became final and Bellamy fails to allege any of the exceptions to the two year time limit are applicable. See Fla. R.Crim. P. 3.850(b).

Bellamy also seeks to raise for the first time in this court constitutional issues which can be raised any time, pursuant to error coram nobis. It appears that Bellamy currently resides in a New Jersey prison. However, these issues were not raised in the trial court below and therefore we will not consider them here. See Rosado v. State, 693 So.2d 633 (Fla. 5th DCA 1997).

■AFFIRMED.

THOMPSON, C.J., and GRIFFIN, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI